Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 113243659 to Yao (see machine translation in file wrapper) in view of US 2828504 to Nugent.
(a) Regarding claim 1:
(i) Yao discloses a compressible safety toothbrush (“telescopic toothbrush”, Par n0052), the safety toothbrush comprising:
a movable toothbrush head (first toothbrush head 36, Fig 9),
a shaft (first telescopic rod 31, Fig 9) connected with the toothbrush head (Fig 9), and
a movement platform (limiting plate 35, Fig 9) in connected relationship with the shaft (Fig 9, Par n0052);
a handle/body (first handle rod 30, Fig 9) having a head end and a base end (ends proximate the head and cover 32, respectively; Fig 9),
the handle/body having a first opening at the head end (hole in first handle rod 30 through which first telescopic rod 31 passes through, Fig 9, Par n0052) configured to allow passage of the shaft as the movement platform moves through the handle/body towards the base end (Fig 9, Par n0052), and
the handle/body having a second opening (opening which is covered by first handle bottom cover 32, Fig 9) with a first attachment feature (unlabeled connection between first handle rod 30 and first handle bottom cover 32 reasonably disclosed in Fig 9 as being a lip connection, wherein the first handle rod 30 has an inner lip);
a base (first handle bottom cover 32, Fig 9) having a second attachment feature (unlabeled connection between first handle rod 30 and first handle bottom cover 32 reasonably disclosed in Fig 9 as being a lip connection, wherein the first handle bottom cover 32 has an outer lip) configured to be attached to the first attachment feature of the handle/body (Fig 9); and
a spring (spring 33, Fig 9) contained within the handle/body (Fig 9),
the spring having a spring head end and a spring base end (respective ends proximate head and base, Fig 9),
the spring head end configured to pull against the movement platform of the movable toothbrush (Par n0053),
the spring base end configured to rest against the base (Fig 9).
(ii) Yao does not disclose wherein the shaft is integral with the toothbrush head.
(iii) Merely making two structural features integral supports a prime facie obviousness determination, see MPEP 2144.04(V)(B).
(iv) Yao further does not disclose the spring head end configured to press against the movement platform of the movable toothbrush.
(v) Nugent is also in the field of toothbrushes (see title) and teaches a moveable toothbrush comprising:
a moveable toothbrush head with integral shaft (plunger 13, Figs 1-2) connected to a movement platform (end 19 comprising recess 17, spring 21, and button 20; Fig 2),
a spring (spring 18, Figs 1-2) comprising spring head and base ends (respective ends towards and away from the head, Figs 1-2),
the spring head end configured to press against the movement platform of the movable toothbrush (Col 2 Lns 5-6),
wherein the movement platform is configured to engage a hole in a body (hole 15, Figs 1-2) and a groove of the body (hole 16, Figs 1-2) such that by pressing a button of the movement platform (button 20, Figs 1-2) the movement platform and movable brush head are pushed by the spring into an extended position (Fig 2) with the button limiting further extension movement of the movement platform and movable brush head (Col 2 Lns 3-10).
(vi) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the toothbrush as disclosed by Yao with the above aforementioned spring, movement platform, hole, and groove as taught by Nugent for the purpose of allowing for automatic extension of the movable toothbrush head (Col 2 Lns 3-10) and allowing for easy retraction (Col 2 Lns 20-27).
(vii) The limitation “for preventing a head of the toothbrush from injuring soft tissue at the back of a child’s throat” in the preamble merely states the intended use of the toothbrush which does not give meaning and purpose to the apparatus and does not constitute a limitation of the claim, see MPEP 2111.02(II).
(viii) The limitation “when the moveable toothbrush head is pressed against an inner surface of a throat, the movement platform of the moveable toothbrush is moveably pressed against the spring, causing the spring to compress within the handle/body, thereby allowing the toothbrush head to move towards the handle/body, and allowing the shaft integral with the toothbrush head to move further into the handle/body” is a functional limitation and since the prior art teaches all structural limitations of the claim the toothbrush of the prior art can perform the claimed function.
(b) Regarding claim 2:
(i) Yao as modified by Nugent teaches the compressible safety toothbrush of claim 1.
(ii) The limitation “wherein when the moveable toothbrush head is subsequently moved away from the inner surface of the mouth, the spring expands, thereby pushing the movement platform towards the first opening at the head end of the handle/body, allowing the toothbrush head to move away from the handle/body, and allowing the shaft integral with the toothbrush head to move outward along the handle/body, the spring regaining its original state within the handle/body” is a functional limitation and since the prior art teaches all structural limitations of the claim the toothbrush of the prior art can perform the claimed function.
(c) Regarding claim 8:
(i) Yao as modified by Nugent teaches the compressible safety toothbrush of claim 1.
(ii) Yao as modified by Nugent further teach wherein the head end of the handle/body includes: a motion stop (Nugent: hole 16, Figs 1-2) configured to prevent the movement platform from being pushed out the first opening at the head end of the handle/body (Nugent: Col 2 Lns 3-10).
(d) Regarding claim 9:
(i) Yao as modified by Nugent teaches the compressible safety toothbrush of claim 1.
(ii) Yao as modified by Nugent further teach wherein the spring is in a partially compressed state when the movement platform is located along the handle/body so as to be in contact with the motion stop at the head end of the handle/body (Nugent: Fig 2).
Claim(s) 3-4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 113243659 to Yao (see machine translation in file wrapper) in view of US 2828504 to Nugent as applied to claim 1 above, and further in view of US 7389781 to Kemp.
(a) Regarding claim 3:
(i) Yao as modified by Nugent teaches the compressible safety toothbrush of claim 1.
(ii) Yao as modified by Nugent do not teach wherein the handle/body includes a weep hole towards the second opening, the weep hole configured to allow fluids to escape the handle/body.
(iii) Kemp is also in the field of toothbrushes (see title) and teaches a handle/body (body portion 17, cover 24, Figs 1-3) wherein the handle/body includes a weep hole (openings 33, Col 5 Lns 18-24) towards a bottom portion of the handle/body (Col 5 Lns 18-24), the weep hole configured to allow fluids to escape the handle/body (Col 5 Lns 24-31).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handle/body as taught by the combined teachings of Yao as modified by Nugent with the above aforementioned weep hole as taught by Kemp for the purpose of permitting rapid air drying and providing sanitary protection (Col 5 Lns 24-31).
(b) Regarding claim 4:
(i) Yao as modified by Nugent teaches the compressible safety toothbrush of claim 1.
(ii) Yao as modified by Nugent do not teach wherein: the first attachment feature of the second opening of the handle/body includes internal female threads; and the second attachment feature of the base includes external male threads.
(iii) Kemp is also in the field of toothbrushes (see title) and teaches a toothbrush comprising:
a handle/body (handle 72, Fig 15) comprising a second opening (bottom opening of compartment 74, Fig 15),
a first attachment feature of the second opening of the handle/body including internal female threads (mating threads 84, with threaded portion of screw off base 82 shown as being inside compartment 74, Fig 15),
a base (screw off base 82, Fig 15) comprising a second attachment feature including external male threads (mating threads 84, with threaded portion of screw off base 82 shown as being inside compartment 74, Fig 15).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second attachment features as disclosed by Yao with the above aforementioned first and second attachment features as taught by Kemp for the purpose of removably attaching the base to the handle/body.
(c) Regarding claim 6:
(i) Yao as modified by Nugent teaches the compressible safety toothbrush of claim 1.
(ii) Yao as modified by Nugent do not teach wherein: the second attachment feature of the base includes a resiliently supported button; and the first attachment feature of the second opening of the handle/body includes a hole for engaging with the resiliently supported button of the base.
(iii) Kemp is also in the field of toothbrushes (see title) and teaches a toothbrush comprising a second attachment feature including a resiliently supported button (retainer button 52, Figs 11-13); and a first attachment feature of a second opening (opening 60 of body portion 17A, Fig 12) of a handle/body (body portion 17a, Figs 11-13) including a hole (retainer slot 58, Figs 12-13) for engaging with the resiliently supported button (Col 6 Lns 53-56).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second attachment features as disclosed by Yao with the above aforementioned first and second attachment features as taught by Kemp for the purpose of removably attaching the base to the handle/body (Col 6 Lns 47-53).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 113243659 to Yao (see machine translation in file wrapper) in view of US 2828504 to Nugent in further view of US 7389781 to Kemp as applied to claim 3 above, and further in view of US 2544130 to Boothroyd.
(a) Regarding claim 5:
(i) Yao as modified by Nugent as further modified by Kemp teaches the compressible safety toothbrush of claim 3.
(ii) Yao as modified by Nugent as further modified by Kemp do not teach wherein the base includes circumferential ridges to enhance screwing and unscrewing the base from the handle/body.
(iii) Boothroyd is also in the field of toothbrushes (see title) and teaches a base (operating head 9, Fig 4) wherein the base includes circumferential ridges (knurled surface, Fig 4).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the base as taught by the combined teachings of Yao as modified by Nugent as further modified by Kemp with the above aforementioned circumferential ridges as taught by Boothroyd for the purpose of facilitating rotation (Col 2 Lns 39-41).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 113243659 to Yao (see machine translation in file wrapper) in view of US 2828504 to Nugent as applied to claim 1 above, and further in view of US 8387195 to Patel.
(a) Regarding claim 7:
(i) Yao as modified by Nugent teaches the compressible safety toothbrush of claim 1.
(ii) Yao does not disclose a suction cup attached to the base.
(iii) Patel is also in the field of toothbrushes (see title) and teaches a base (bottom of body 406, Fig 4) and a suction cup (stand 408, Fig 4) attached to the base (Fig 4).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the toothbrush as disclosed by Yao with the above aforementioned suction cup as taught by Patel for the purpose of preventing bristles from touching the counter in the bathroom (Col 3 Ln 62 – Col 4 Ln 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6671920 to Perlman teaches a pop-out toothbrush comprising a movable head and a movement platform connected thereto (Fig 5). US 6622453 to Dove teaches a handle/body comprising a hole allowing for engagement with a resiliently supported button (Fig 2). US 5699574 to Oviatt teaches a toothbrush having a movable head and movement platform within a handle/body (Fig 2). US 2637869 to Tomlinson teaches a brush with a spring loaded movable head and movement platform (Fig 3). US 380080 to Bouton & Stearns teaches a toothbrush with a spring loaded movable head and movement platform and a hole in a handle/body for engagement with a resiliently supported button (Fig 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin A Pruitt whose telephone number is (571)272-8383. The examiner can normally be reached T-F 8:30am - 6:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN A PRUITT/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745